5 U.S.C. § 3330d - Appointment of certain military spouses

(a) Definitions.— In this section:

(1) The term “active duty”—

(A) has the meaning given that term in section 101 (d)(1) of title 10;

(B) includes full-time National Guard duty (as defined in section 101 (d)(5) of title 10); and

(C) for a member of a reserve component (as described in section 10101 of title 10), does not include training duties or attendance at a service school.

(2) The term “agency”—

(A) has the meaning given the term “Executive agency” in section 105 of this title; and

(B) does not include the Government Accountability Office.

(3) The term “geographic area of the permanent duty station” means the area from which individuals reasonably can be expected to travel daily to and from work at the location of a member’s permanent duty station.

(4) The term “permanent change of station” means the assignment, detail, or transfer of a member of the Armed Forces who is on active duty and serving at a permanent duty station under a competent authorization or order that does not—

(A) specify the duty as temporary;

(B) provide for assignment, detail, or transfer, after that different permanent duty station, to a further different permanent duty station; or

(C) direct return to the initial permanent duty station.

(5) The term “relocating spouse of a member of the Armed Forces” means an individual who—

(A) is married to a member of the Armed Forces (on or prior to a permanent change of station of the member) who is ordered to active duty for a period of more than 180 consecutive days;

(B) relocates to the member’s permanent duty station; and

(C) before relocating as described in subparagraph (B), resided outside the geographic area of the permanent duty station.

(6) The term “spouse of a disabled or deceased member of the Armed Forces” means an individual—

(A) who is married to a member of the Armed Forces who—

(i) is retired, released, or discharged from the Armed Forces; and

(ii) on the date on which the member retires, is released, or is discharged, has a disability rating of 100 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or

(B) who—

(i) was married to a member of the Armed Forces on the date on which the member dies while on active duty in the Armed Forces; and

(ii) has not remarried.

(b) Appointment Authority.— The head of an agency may appoint noncompetitively—

(1) a relocating spouse of a member of the Armed Forces; or

(2) a spouse of a disabled or deceased member of the Armed Forces.

(c) Special Rules Regarding Relocating Spouse.—

(1) In general.— An appointment of a relocating spouse of a member of the Armed Forces under this section may only be to a position the duty station for which is within the geographic area of the permanent duty station of the member of the Armed Forces, unless there is no agency with a position with a duty station within the geographic area of the permanent duty station of the member of the Armed Forces.

(2) Single permanent appointment per duty station.— A relocating spouse of a member of the Armed Forces may not receive more than 1 permanent appointment under this section for each time the spouse relocates as described in subparagraphs (B) and (C) of subsection (a)(5).

(d) Special Rules Regarding Spouse of a Disabled or Deceased Member of the Armed Forces.—

(1) In general.— An appointment of an eligible spouse as described in subparagraph (A) or (B) of subsection (a)(6) is not restricted to a geographical area.

(2) Single permanent appointment.— A spouse of a disabled or deceased member of the Armed Forces may not receive more than 1 permanent appointment under this section.

Source

(Added Pub. L. 112–239, div. A, title V, § 566(a),Jan. 2, 2013, 126 Stat. 1749.)

Regulations

Pub. L. 112–239, div. A, title V, § 566(b),Jan. 2, 2013, 126 Stat. 1751, provided that: “Not later than 180 after the date of the enactment of this Act [Jan. 2, 2013], the Director of the Office of Personnel Management shall amend section 315.612 of title 5, Code of Federal Regulations (relating to noncompetitive appointment of certain military spouses), in accordance with the amendment made by subsection (a) [enacting this section] and promulgate or amend any other regulations necessary to carry out the amendment made by subsection (a).”